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Indian-Owned Businesses Should See More Procurement Contracts Under New Buy Indian Policy

The U.S. Department of the Interior's Bureau of Indian Affairs (BIA) recently implemented a new policy expected to increase BIA procurement contracting with Indian-owned businesses.

The new policy responds to a 2015 U.S. Government Accountability Office (GAO) report criticizing BIA and Indian Health Service (IHS) mismanagement of procurement under the Buy Indian Act.

Indian-owned businesses interested in contracting with BIA or IHS should monitor the Federal Business Opportunities website (www.FedBizOpps.gov) to identify opportunities for which there is a Buy Indian set-aside under this rule.

The U.S. Department of the Interior's Bureau of Indian Affairs (BIA) on Jan. 12, 2016, announced a new policy to improve the implementation of the Buy Indian Act of 1910 (Act). The policy, announced in a memorandum by Acting Deputy Assistant Secretary – Indian Affairs (Management) James Burckman, comes in response to a U.S. Government Accountability Office (GAO) report, released in July 2015, that criticized the federal government's enforcement of the Act.

While the BIA and IHS have obtained services and supplies from IEEs under the Act since 1965,the GAO found that Buy Indian procurements have comprised only a small percentage of BIA and IHS annual contract obligations, the result of limited knowledge and implementation of the set-aside in regional or area offices where contracts are often awarded.

New Policy Highlights

To address the concerns raised by the GAO, the BIA's new policy:

directs that all BIA, BIE, Office of the Special Trustee for American Indians (OST) and AS-IA acquisitions be subject to the Buy Indian Act policy whenever "authorized and practicable" – including acquisitions for supplies, administrative and custodial services, and some construction contracts

It is expected that this policy will expand contracting opportunities for IEEs. Those interested in contracting should monitor the Federal Business Opportunities website to identify opportunities where there is a Buy Indian set-aside.